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The agreement sets a date of 9/9/24 for the transfer of control of the homeowners <br />association from the developer to a board elected by the members of the association. <br />Several members of that association have expressed concern that there are unfinished <br />items from the development’s plan and they want to be certain that the responsibility to <br />finish those items does not fall on their shoulders once they are given control of the <br />association. <br />Given the many opportunities, spanning five years, the developer has been given to <br />complete these items, and with the looming deadline to turn the project over to the <br />association, staff feels it prudent to take action and complete the work with city forces, <br />contractors or through reimbursement to residents who have been forced to complete the <br />work themselves. Expenses incurred by the city, would be deducted from the <br />development’s escrow until that is exhausted. Costs beyond what is available in the <br />escrow account would be assessed to the lone remaining developer-owned lot on the <br />project. <br />Specifically, we are asking that the City Council authorize the following expenses to be <br />paid out of the escrow fund established for the project: <br />- Check to the future homeowners association in the amount of $8,567.50. This <br />amount is equivalent to the cost of black dirt and sod which was to be placed in <br />the Outlot near the dock area. <br />- Check to the resident at 7200 LaValle Drive in the amount of $5,000 for rip rap <br />they installed. <br />- Checks to the residents at 7206, 7208, 7210 LaValle Drive in the amounts of <br />$731.50, $816.83 and $816.83 respectively, as reimbursement for the cost of the <br />replacement plantings. <br />- Payment to a contractor for the replacement of 2 trees (now dead) and the planting <br />of 4 trees (which were never planted). Quotes for this work are still pending. <br /> <br />With the payment of these final expenses, staff recommends that a letter be issued to the <br />developer stating that the requirements of the development agreement have been met. <br />Subsequently, the balance of the escrow account could then be refunded to the developer. <br /> <br />Sincerely, <br />Mark R. Statz, PE <br />City Administrator/City Engineer <br />cc: City Attorney –Kurt Glaser <br />Developer –Rich DeFoe <br /> <br /> <br />